On November 6, 2024, the Massachusetts Appeals Court in Commonwealth vs. Michael Shehadi addressed a critical question: Is a stun gun Massachusetts legally considered a “firearm?” This case was reviewed carefully by The Law Office of Matthew Peterson.
What Happened to the Case? Stun Gun Massachusetts Law?
Police discovered Shehadi unconscious in the driver’s seat of a parked car at 2:20 A.M. on August 27, 2021. After spotting drug paraphernalia in the center console and finding fentanyl during an initial search, police obtained a warrant to search the entire vehicle. In the trunk, they discovered a stun gun, leading to charges including unlicensed carrying of a firearm.
What Is A "Firearms Law?"
Under Massachusetts law (M.G.L. c. 140, § 121), a “firearm” includes:
- A stun gun
- A pistol, revolver, or other weapon from which a shot/bullet can be discharged
- Weapons with barrel lengths under 16 inches (or 18 inches for shotguns)
However, the law specifically excludes weapons that:
- Don’t resemble handguns, short-barreled rifles, or shotguns (including covert weapons like those resembling key chains or pens)
- Cannot be detected by airport X-ray machines or metal detectors
Shehadi argued his brick-shaped stun gun wasn’t a “firearm” because it neither resembled conventional firearms nor fired projectiles – it required direct contact to deliver a shock.
The Court's Decision
The Appeals Court agreed with Shehadi. Because his stun gun’s brick-like appearance qualified for the appearance-based exemption, it could not be regulated as a “firearm.” The court distinguished between contact stun guns like Shehadi’s and pistol-shaped devices that shoot projectiles, noting that the latter may still be regulated as firearms.
Importance of Having a Firearms Lawyers in Massachusetts
Your stun gun’s legal classification in Massachusetts depends on its specific characteristics. If it qualifies as a “firearm,” you need proper licensing and must follow strict storage and transport regulations to avoid criminal charges.
For definitive guidance on your situation, contact the Law Office of Matthew W. Peterson.
